for fiance visa-is there a wait for visa number?

[beverly.ann 0]

Hello everyone,

I am grateful to be a VJ member. Will you please help me understand the process? My fiance's sister was born in Poland and is now a US citizen. She applied in 2000 for him to live permanently in the US and was told it would be a ten year wait. I met my fiance while he was visiting his sister. He returned to Poland, I visited him there and we applied for the fiance visa. The receipt date is 12/29/09. But the fiance's sister is very worried he will never be able to come. Here are my 2 questions:

1. Does the fiance visa allow him to be considered an immediate family member? That is, will he have to wait for a visa number, as he would with his sister's petition where he is considered fourth in preference? From what I understand, a spouse does not have to wait for the visa number to come up, however, he is a fiance and not a spouse yet.

2. Should I be concerned that the visa petition is not yet approved? According to the VJ timeline, some have already been approved at the California Service Center that have NOA dates of 12/29 and after.

I sincerely appreciate any help; I need to help my future sister-in-law not to worry, and me too.

[Kimbear 53]

An immediate relative such as a spouse or fiance of an American citizen does not need to wait for a priority date. You can get more info here:

http://travel.state....types_1306.html

"Preference Immigration: A system for determining which and when people can immigrate to the U.S. within the limits of immigration set by Congress. In family immigration preference is based on the status of the petitioner (American citizen or lawful permanent resident) and his/her relationship to the applicant. "

Immediate Relatives of U.S. Citizens (IR): These types of immigrant visas are based on a close family relationship with a U.S. citizen, including spouses, children, and parents. Additionally, a U.S. citizen can sponsor a child adopted or to be adopted from abroad, if that child meets the definition of orphan as provided for in immigration law. Family members of United States citizens (not Legal Permanent Residents) can file Immediate Relative Petitions. For immigration purposes, Immediate Relative classifications include:

• Spouse of a U.S. Citizen (IR-1) Learn More
• Unmarried Child Under 21 Years of Age of a U.S. Citizen (IR-2)
• Orphan adopted abroad by a U.S. Citizen (IR-3) Learn More
• Orphan to be adopted in the United States by a U.S. citizen (IR-4) Learn More
• Parent of a U.S. Citizen who is at least 21 years old (IR-5)

AS for the wait time. It is all dependent on many different things. However i would not panic. USCIS states on their site it is still an average of 5 months for an approval. Some people have recently gotten record time approvals however that is not always the case, as each petition is different and cannot be abjudicated the same way or in the same time frame.

Edited March 16, 2010 by Kimbear

[Martyshk 137]

Hello everyone,

1. Does the fiance visa allow him to be considered an immediate family member? That is, will he have to wait for a visa number, as he would with his sister's petition where he is considered fourth in preference? From what I understand, a spouse does not have to wait for the visa number to come up, however, he is a fiance and not a spouse yet.

2. Should I be concerned that the visa petition is not yet approved? According to the VJ timeline, some have already been approved at the California Service Center that have NOA dates of 12/29 and after.

I sincerely appreciate any help; I need to help my future sister-in-law not to worry, and me too.

1. As stated above - you do not have to wait for a visa number. It's straight up filing.

2. No, do not concern yourself with it. You are well within a normal processing time. VJ only represents about 1-3% of total filers, so timeline is based on VJ members inputting their data manually (which not everyone does). CSC is moving along on all Dec/Jan/Feb filers at the moment, it seems, so it's a Russian Roulette type of lottery you are playing. Just have to wait (as excruciating as it is).

Best of luck and I hope you are approved soon!

[beverly.ann 0]

Thank you for your replies. Your words have consoled me! Good luck to everyone!

[VanessaTony 3,567]

** moving from "K-1 Fiance(e) Case Filing and Progress Reports" to "K-1 Fiance(e) Visa Process & Procedures" to as the prior forum is for case updates/progress and this one is for questions**